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Michael S. Barth v. Bernards Township Planning Board, et al.

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-000744-18T3 · judgment July 31, 2019


Certiorari denied · October 13, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

While there are a number of questions and sub­ questions in this matter, the overarching question is whether the unconstitutional process of the court below should result in a temporary injunction and or remand back to the New Jersey Supreme Court to ensure United States Constitutional Due Process and Equal Protection is followed? PARTIES TO THE PROCEEDING Petitioner Michael S. Barth owns property in Bernards Township, Somerset County, New Jersey, and lives within one mile of the subject property at issue. Respondent Bernards Township Planning Board is an agency of Bernards Township and has authority to approve site plan applications. Respondent Islamic Society of Basking Ridge, Inc. is building a community center at 124 Church Street, Bernards Township, New Jersey.

Counsel of record

For petitioner
Michael S. Barth

For respondent
Brent R. Pohlman
Methfessel & Werbel, P.C.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 14 2020
    Rehearing DENIED. Justice Alito took no part in the consideration or decision of this petition.
  2. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Oct 30 2020
    Petition for Rehearing filed.
  4. Oct 13 2020
    Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
  5. Sep 16 2020
    DISTRIBUTED for Conference of 10/9/2020.
  6. Aug 24 2020
    Waiver of right of respondents Bernards Township Planning Board and Bernard Township to respond filed.
  7. Aug 06 2020
    Waiver of right of respondent Islamic Society of Basking Ridge, Inc. to respond filed.
  8. Jul 15 2020
    Petition for a writ of certiorari filed. (Response due August 31, 2020)